What is a Liability Claim?
A Liability Claim, also known as a Notice of Tort Claim (a "Claim") is a document that must be filed with the City in order to notify the City that it may be liable for damage to property and/or bodily injury. Under Indiana law, a Claim must be filed prior to initiating a lawsuit against the City.
Where is a Liability Claim Form provided?
The City provides a Liability Claim Form that may be used to file a Claim with the City’s Legal Department. This form, along with additional instructions on how to file a claim, may be accessed at https://southbendin.gov/department/legal/ A claimant is not required to file a Claim on the Liability Claim Form provided by the City.
Who can file a Liability Claim?
Any person or entity alleging to have suffered a loss as a result of any act or omission by the City may file a Claim. A Claim must be delivered to the City in person or by registered or certified mail. Claims should be delivered to the City's Legal Department at 227 W. Jefferson Boulevard, Suite 1200S, South Bend, IN 46601.
When is a Liability Claim Filed?
A Claim must be filed with the City within one hundred eighty (180) days after the date a loss occurs. After a Claim is filed, the City must notify the claimant in writing of its approval or denial of the Claim within ninety (90) days of filing. Each claimant may be required to submit additional documentation, including estimates of damages, along with the Claim.
How much does it cost to file a Liability Claim?
There is no cost to file a claim.